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KENT VILLAGE ASSOCS. v. SMITH

No. 413, September Term, 1994.

104 Md. App. 507 (1995)

KENT VILLAGE ASSOCIATES JOINT VENTURE, ET AL. v. KIMBERLY SMITH, A MINOR, ETC., ET AL.

Court of Special Appeals of Maryland.

Decided April 26, 1995.

Attorney(s) appearing for the Case

Jeffrey R. Schmieler (Steven B. Vinick and Saunders and Schmieler, on the brief) Silver Spring, for appellants.

Geoffrey S. Gavett, Rockville (Rhoda S. Barish and Gavett and Datt, P.C., Rockville, Stewart C. Economou, J. Casey Forrester, Ronald A. Ray and Economou and Forrester, Alexandria, VA, on the brief), for appellees.

Argued before WILNER, C.J., and MOYLAN and CATHELL, JJ.

WILNER, Chief Judge.

This appeal arises from a tragic accident that occurred on October 27, 1988. Four-year-old Kimberly Smith was playing on a refuse bin located near the playground in the apartment development where she lived when the bin fell over on her, causing very serious and permanent injuries and leaving her a paraplegic.

In April, 1991, the State of Illinois, Kimberly's guardian, filed suit in the Circuit Court for Prince George's County against...

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